No overnights but still pays reduced CMS

[Fajita123]

Ex hasn't had children for overnights for a few years. Court order states he should have then EOW and half holidays, he therefore pays reduced CMS. Overnights were stopped a few years ago because of safeguarding concerns I had where he didn't communicate with me when my daughter was in hospital with a broken arm and had to have an operation under sedation. He was still able to take them out for the day and facetime whenever he wanted. As the children are older now and can communicate themselves I am happy to reinstate overnights, he had an overnight with them a few months back but nothing since. Just wondering if I should inform CMS but would I have to go back to court to change court order??? Think would work out to about an extra £100 each month

What does the court order say with regard to maintenance exactly?

Court order doesn't say anything about maintenance. But order says he has children eow and half the holidays. CMS then uses court order to calculate how much maintenance should be paid taking into account the number of overnights he has with children

Yes you need to amend the order by court unless he agrees my sister had this with her ex and they wouldn't take her word for it.

Yeah thought so. Think I'm going to leave it as dont want to risk him getting more time as he is a bit of a dickhead of a dad. Happy he still sees them but when he followed the court order children would dread going for long periods

I'd probably leave it - lower CMS being perhaps the lesser of two evils if the kids don't want to be there additional time va now.. otherwise if he doesn't want to provide the extra £ you could end up with the additional overnights happening when that's not what you guys really want?

This is a shit system. I have similar ex has less contact than court order states. I contacted CMS with all the messages of him cancelling contact all the time as proof he doesn't have that contact but they go by court order only. And without real extreme safeguarding concerns court won't reduce a court order just for maintenance (I asked a solicitor).

So as I'm so many other ways women just have to suck it up while men do as they please

I'm awaiting the outcome of an appeal with the CMS on exactly the same thing. Safeguarding issues, SS involved, no desire to go to court to amend the court order. I sent all the proof, and wrote specifically why the CMS hadn't followed their own guidelines correctly, pointing out they had no more proof that the court order was being followed than it not being followed. The wording around that part in their guidelines is vague. Will see what outcome I get, it's going to take months.